Fixed Fee Mediation?

What is fixed fee mediation?

Mediation has been used very successfully in family law property matters for some time. However, for many clients, mediation has not been readily available due to the cost.

AIFLAM (The Australian Institute of Family Law Arbitrators and Mediators) has developed this initiative to meet that need, providing fixed fee mediation by Nationally Accredited Mediators who are also family lawyers at a lower cost: fixed fee mediation in family law property matters where the asset pool (including superannuation) is under $750,000.

The Victorian Bar (the professional association of barristers) and the Law Institute of Victoria (the professional association of lawyers who do not practise exclusively as barristers) join with AIFLAM in this offer of fixed fee mediation.

The benefits of lawyer-led mediation

Having family lawyers act as the mediators in financial matters adds value to the mediation. We can identify the legal issues, reality test as required and narrow procedural and substantive issues so that, if a settlement is not reached, the length and complexity of further litigation (and thus the costs) are reduced.

The Fee

The fixed fee is $2,157 (GST inclusive) (effective 1 January 2018) and covers preparation, pre-mediation interviews with parties and the mediation itself up to a full day (such mediations do not go beyond a day).

It does not include the cost of the venue for the mediation – for which the parties are responsible. Nor does it include the cost of each party’s individual lawyer.

The Mediators

The list of mediators who have agreed to accept fixed fee mediation in family law property matters under $750,000 is on this website, search under “find a mediator”. This list is also posted on the Victorian Bar and Law Institute of Victoria websites with links on each website to the individual biographical web-pages of that institution’s members.

These mediators are available to mediate in matters where the asset pool is over $750,000 at fees to be agreed.

List of Fixed Fee Mediators in VICTORIA
List of MSCs and Nationally Accredited Mediators in WESTERN AUSTRALIA